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Fifth Circuit Upholds Medicare Drug Price Negotiations

8/29/2026

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Story summary
  • The U.S. Fifth Circuit Court of Appeals upheld the Medicare drug-price negotiation program, rejecting PhRMA’s constitutional challenge.
  • Judge Leslie Southwick ruled manufacturers lack a protected right to set Medicare prices because participation is voluntary.
  • Seniors will continue receiving lower out-of-pocket costs while related lawsuits proceed.
  • PhRMA said it is reviewing the decision and may seek a Supreme Court appeal.